General Terms and Conditions

General Terms and Conditions

Thank you for your order, which we accept exclusively under the printed terms and conditions of delivery and payment.

§ 1 Scope and contracting party

(1) These terms and conditions of sale apply to all contracts concluded between you and us (micafé Crespo, owner: Nicole Crespo, Hackenberg 8, 42897 Remscheid), hereinafter referred to as the provider.

We do not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions of sale, unless we expressly agree to their validity in writing.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity. These terms and conditions of sale also apply to all future transactions with the customer, insofar as these are legal transactions of a similar nature.

§ 2 Offer and conclusion of contract

(1) The sale of goods is the subject of this contract.

Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.

Before submitting the order, you have the opportunity to review all information again, change it (also via the "back" function of the internet browser) or cancel the purchase. By submitting the order via the "buy now" button, you place a binding offer with us.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after ordering by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).

If you have not received a corresponding message, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically via e-mail. You must therefore ensure that the e-mail address you have stored with us is correct and that the receipt of e-mails is technically ensured.

§ 3 Right of withdrawal, withdrawal policy, consequences of withdrawal

Consumers have the following right of withdrawal:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Nicole Crespo, Hackenberg 8, 42897 Remscheid, Tel.: +49 (0) 2191 7894577 Fax: +49 (0) 2191 784572 E-Mail: info@crespo-cafe.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.

To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will bear the direct cost of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality.

The right of withdrawal does not apply to

Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded, contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, contracts for the supply of goods if these have been inseparably mixed with other goods after delivery due to their nature.

General notes on returning goods

Please avoid damage and contamination of the goods. Please return the goods to us in the original packaging with all accessories and all packaging components if possible. Please use protective outer packaging if necessary. If you are no longer in possession of the original packaging, please ensure sufficient protection against transport damage with suitable packaging. These general notes are not a prerequisite for the effective exercise of the right of withdrawal.

We expressly point out that unsealed food cannot be put back into circulation due to hygiene and health regulations, and your right of withdrawal expires if the goods are unsealed.

Refunds from the provider are made to the account used by the customer for payment. In the case of payment by invoice, as well as bank transfer for advance payment, the refund will be transferred to the account from which the transfer was made. If the customer has paid via PayPal, the refund will be made to the customer's linked PayPal account.

Cost of return in case of withdrawal

If you exercise your right of withdrawal, you must bear the regular costs of returning the goods if the delivered goods correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if, at a higher price of the goods, you have not yet paid the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return is free of charge for you.

If, in the event of withdrawal, you return the goods to us carriage unpaid despite your obligation to bear the costs, the seller is entitled to deduct the actual costs incurred by him for accepting the return of the withdrawn goods from the purchase price to be refunded to you.
Withdrawal form

§ 4 Prices and shipping costs

The prices stated in the respective offers are in euros, including the statutory value added tax and other price components, possibly plus shipping costs, which will be communicated to the customer before ordering and which the customer can access at any time at https://www.crespo-cafe.de/content/28-versand-und-kosten. The shipping costs will be clearly communicated to the customer again in the shopping cart system and on the order page.

§ 5 Delivery

Delivery is only within Germany. Unless expressly stated otherwise in the offer, delivery will take place within 5 working days after receipt of the order.

For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover, or in the case of a mail order purchase, upon delivery of the goods to the forwarding agent or the person or institution otherwise designated to carry out the shipment.

For advance payments, the ordered goods will only be delivered after the full amount has been credited to our account. If your payment, despite being due, has not been received by us within 5 working days after sending the order confirmation, even after a renewed request, we will withdraw from the contract with the consequence that your order is null and void and we are not obliged to deliver. The order is then settled for you and for us without further consequences. An article reservation for advance payments is therefore made for a maximum of 5 working days.

§ 6 Payment

Payment terms

For deliveries within Germany, you have the following payment options:

- Advance payment by bank transfer

- Payment via PayPal

- Payment by invoice

Further details on payment

First deliveries are made only against advance payment or cash on delivery.

We reserve the right, in individual cases, to deliver only against advance payment by bank transfer.

For cash on delivery orders, Deutsche Post/DHL charges a cash on delivery fee of currently €4.90 plus a transmission fee of currently €2.00. These cash on delivery fees are to be paid by you directly to the delivery person.

In the event of default, we are entitled to charge a processing fee of €10.00 (incl. VAT) per justified payment reminder, unless you can prove a lower damage.

The invoice amount is to be paid within 14 days when paying by invoice.

Our bank details:

Nicole and Alfonso Crespo, Deutsche Kreditbank AG, IBAN: DE51 1203 0000 1074 0173 59, BIC: BYLADEM1001

If you have any questions, you can find our contact details in the imprint.

§ 7 Retention of title

(1) We reserve ownership of the delivered goods until full payment of all claims arising from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the purchased item if the customer acts in breach of contract.

If you are an entrepreneur, the following also applies:

(2) The customer is obliged to treat the purchased item with care as long as ownership has not yet passed to him.

(3) The customer is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to us the claims of the buyer from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including value added tax). This assignment applies irrespective of whether the purchased item has been resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer fulfills his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or there is no cessation of payments.

(4) The processing or transformation of the purchased item by the customer is always carried out in our name and on our behalf. In this case, the customer's expectant right to the purchased item continues in the transformed item. If the purchased item is processed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the objective value of our purchased item to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers co-ownership to us proportionally and stores the sole ownership or co-ownership thus created for us. To secure our claims against the customer, the customer also assigns to us such claims that arise against a third party through the connection of the reserved goods with a property; we accept this assignment now.

§ 8 Warranty

For consumers, the statutory warranty period applies.

If you are an entrepreneur, the following applies with deviations: